Legal Ground For Dissolution of Marriage in Pakistan:
Nazia Law Associates in Lahore, Pakistan, is an expert law firm dealing with divorce cases or dissolution of marriage in Pakistan. The Procedure of Dissolution of Marriage in Pakistan is very simple. After Divorce, Our Team of Lawyer will give you the Dissolution of marriage certificate in Pakistan. According to the Islamic legal system, the complex system of courts for implementing personal law and other parts of the law will be discussed here. Family matters are adjudicated under the West Pakistan Family Court’s Act, 1964. Rules made under this law are called the West Pakistan Family Courts Rules, 1965. The Act requires at least one family court in each district and one woman judge in each district. The purpose of this law was “to make provision for the establishment of Family Courts for the expeditious settlement and disposal of disputes relating to marriages and dissolution of marriage in Pakistan and for matters connected in addition to that.
The Courts Have Jurisdictions over the following Matters:
>Dissolution of marriage in Pakistan, including khula
>Dower
>Maintenance
>Restitution of conjugal rights.
>Custody of children,
>Jactitation of marriage.
>Dowry, which includes personal property and belongings of a Wife.
Jurisdiction:
The courts also have jurisdiction to try offenses related to the above matters; namely, cases falling under SS337A) (shajah khafifah), 337F(a) (damiyah), 341 (wrongful restraint), 342 (wrongful confinement), 343 (wrongful imprisonment for more than three days), 344 (for more than ten days), 345 (when writ exists), 346 (unlawful confinement in secret), 352 (criminal force other than on grave provocation) and 509 (insulting modesty of woman with gestures) of the Pakistan Penal Code.
Suit For Dissolution of Marriage:
Suits for dissolution of marriage in Pakistan under Dissolution of Muslim Marriages Act, 1939.
The Dissolution of the Muslim Marriages Act, 1939 provides that the marriage for a woman may be dissolved on the following grounds:
(i) Where the whereabouts of the husband have not been known for four years.
(ii) Failure of the husband, or neglect, to provide maintenance to the wife for two years.
(iii) The husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961. However, this ground is not recognized in Islamic law.
(iv) Where the husband has been sentenced to imprisonment for seven years or upwards. This ground is not recognized in Hanafi law,
(v) Where the husband has failed to perform, without reasonable cause, his marital obligations for three years. It is not clear what marital obligations mean here.
(vi) Where the husband was impotent at the time of the marriage and continues to be so.
(vi) The husband has been insane for two years or is suffering from leprosy or virulent venereal disease. There is no ruling in traditional law on this count, but it may be justified based on endangering the life and health of the wife.
(viii) Where a minor, having been given in marriage by her father or another guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years. It is to be noted that this provision violates traditional Hanafī law because this option is only available when marriage is concluded other than my father or grandfather.
(ix) Where the husband treats her with cruelty. The section describes different forms in which cruelty may manifest itself. According to traditional Islamic law, the initial remedy is that the court should discipline the husband even if it means sending him to prison. Nevertheless, some of the forms of cruelty may appear sound
(a) Habitually assaults her even if such conduct does not amount to physical ill-treatment,
(b) Associates with women of bad repute or leads an infamous life;
(c) Forces her to lead an immoral life;
(d) Disposes of her property from exercising her legal rights over it; practice, or accordance with the injunctions of the Quran.
(e) Obstructs her in the religious profession or f) If he has more wives than one, does not treat her equitably in g) Any other ground which is recognized as valid for the dissolution of marriage in Pakistan under Muslim Law.
Jactitation of Marriage:
A suit for jactitation of marriage is filed in cases where one person Claims that he or she is married to another person and the other person denies such marriage. The court will declare whether a marriage does or does not exist. This type of suit is recognized in traditional Islamic law.
Other suits and complaints that are possible. There are important matters that are not covered by statutes, nor are suits filed by parties. For example, the maintenance of the wife by the husband is recognized by both laws and courts, but the maintenance of other relatives is not. It is suggested that lawyers should file suits on behalf of their clients pursuing maintenance claims, like a poor father or mother seeking maintenance from his wealthy son who fails to provide him funds for subsistence. If suits can be filed for tort claims based on English common law, there is no reason they cannot be filed based on the Islamic “common” law, that is, traditional Islamic law. The courts, on the other hand, must start entertaining such claims. This is just like the provision above. The dissolution of marriage in Pakistan can be sought on “any other ground which is recognized as valid for the dissolution of marriages under Muslim Law.”
